DECATUR, Ga. — A man who claims a police officer planted drugs on him will have the charges dismissed one day before his case was set to go to trial.

But the DeKalb County Solicitor General's Office said the dismissal has nothing to do with a surveillance video Alphonzo Eleby said proves the officer set him up.

Eleby said his nightmare began in July 2012 at the Chevron gas station on North Hairston Road.

He said he stopped to speak to someone who was sitting in a black SUV when an officer said he smelled marijuana and arrested the driver on charges of marijuana possession with intent to distribute.

"I was searched twice," Eleby said. He said no drugs were found on him and he was told to sit down.

An officer stood guard over him for several minutes and Eleby said he never moved.

His attorney said surveillance video from the location shows the officer call the officer guarding Eleby over to the SUV he had been searching.

As she searches the vehicle, Zenobia Waters said the video shows the officer circle back to her client and toss marijuana next to him. She said the officer then picks the drugs up and repositions them.

"I was shocked," Waters said.

"And then he stands up and yells, 'Look what you tried to throw,'" Eleby said.

The video shows Eleby vehemently protesting what he sees the officer do and the officer then puts him in a chokehold while other officers look on.